Collection Contents

Series 1.
Federal Bureau of Investigation Files1953-1984

Physical Description: 4.8 linear feet.

Series Scope and Content

This series contains the records of the FBI obtained by Dan
Siminoski as a consequence of his FOIA request dated October 22, 1982, and of
the lawsuit filed on his behalf by the ACLU Foundation of Southern California
on October 11, 1983, as well as materials created or collected by Siminoski in
the course of analyzing these records. The records released by the FBI total
approximately 2,200 documents, or 7,000 pages, from FBI Headquarters and
various regional offices and relating primarily to the Daughters of Bilitis,
Gay Activists Alliance, Gay Liberation Front, and the Mattachine Society. The
analytical documents include a "Vaughn Index" to the documents, prepared by the
FBI; document summaries, in several formats (typescript, manuscript, and on
audio tape cassette); lists of documents and the "exemption codes" by which the
FBI justified its redactions; document coding forms and instructions; and
analytical and statistical notes compiled by Siminoski. The series is divided
into two subseries: 1. Headquarters and Field Office Files, containing the
files themselves, and 2. Document Analysis, containing Siminoski's analysis of
the records, and related documents.

Subseries 1.1.
Headquarters and Field Office Files1953-1979

Physical Description: 3.1 linear feet.

Subseries Scope and Content

This subseries comprises the copies of FBI files released to
Siminoski by the Bureau as a consequence of his letter of October 22, 1982, and
his lawsuit filed on October 11, 1983. The files are arranged alphabetically by
the name of the gay or lesbian organization they concern: the Daughters of
Bilitis, East Coast Homophile Organization (ECHO), Gay Activists Alliance, Gay
Liberation Front, Mattachine Society, National Gay Task Force, ONE, Radical
Lesbians, and Society for Individual Rights. Within each organizational group,
files are ordered according to the FBI office that maintained the file: FBI
Headquarters in Washington, DC, and the following field offices, in
alphabetical order: Albany, Baltimore, Boston, Chicago, Cincinnati, Cleveland,
Denver, Detroit, Los Angeles, Miami, Minneapolis, New York, Newark,
Philadelphia, San Diego, San Francisco, and the Washington, DC. The materials
total approximately 2,200 documents, or 7,000 pages, and date from the early
1950s to the late 1970s. The bulk of the materials relate to the Mattachine
Society and the Gay Liberation Front; the earliest documents concern the
Mattachine Society, and the Daughters of Bilitis. The files for the Mattachine
Society also include material on ONE Magazine and One., Inc. Over half the
materials consist of organizational publications, including newsletters,
pamphlets, calendars, and magazines, several of which, such as the
Ladder,
Mattachine
Review
, and
ONE Magazine, were publicly
sold on newsstands. Other materials include descriptions of private and public
meetings and lists of people attending them, photographs of public
demonstrations, and correspondence concerning the activities of known and
suspected homosexuals. There is considerable duplication of materials, in
particular between FBI Headquarters and the individual field offices, but also
between various field offices. Approximately 70 per cent of the materials are
redacted (censored), some heavily so: many sheets are place-holders for pages
withheld in their entirety. Both photocopies of original redacted pages and
place-holder sheets are marked with one or more "exemption" codes indicating
the reason for the redaction or withholding. The series also includes a number
of "revised" documents, second releases of materials already delivered to
Siminoski. In most cases the "revised" documents contain fewer redactions than
those released earlier; however, in a few cases, they contain more
revisions.

This subseries contains the materials created or collected by
Siminoski in the course of analyzing the documents released to him by the FBI.
The FBI was required to deliver to Siminoski a "Vaughn Index" to the documents
it released, identifying each document, indicating the statutory exemption (for
redaction or withdrawal) claimed, and explaining how disclosure would damage
the interests protected by the claimed exemption. The subseries contains two
versions of this index, both incomplete. The subseries also contains summaries
of the documents released by the FBI, in typescript (documents numbers
1011-2047), manuscript (2048-2227), and on audio tape cassette (12-2047). Few
of the FBI documents are marked with the number assigned them in the Vaughn
index: a series of folders contains copies of documents that are so marked,
arranged in numerical order. Because one of the pillars of his case was the
FBI's improper use of exemptions to redact and withhold information, Siminoski
and his legal counsel spent considerable effort to determine precisely what
exemptions were claimed on each document. The subseries contains Siminoski's
manuscript notes, listing each document in Vaughn index number order, and
indicating for each document the code for each exemption claimed. The subseries
includes a tally sheet, listing each exemption in numerical order and
indicating the number of documents in which each exemption was claimed.
Siminoski also arranged copies of the FBI documents for analysis by FBI
Headquarters or field office. These records were marked with the name of the
office and a number representing the year of the document and the sequence of
each document within that year, e.g., "LA 53-1"; in most cases, a form for
analyzing the contents of the document was also attached. A small number of
these documents survive, relating primarily to the Mattachine Society; these
documents have been arranged by FBI office name and file number. Siminoski
encoded all documents for entry into a computer database, and held "coding
parties" each week at Jim Kepner's archives on North Hudson St., in Los
Angeles. His correspondence with his ACLU legal counsel also refers to a
printout of the information in this database. The collection contains no copy
of this printout, and only a handful of encoded documents were found when the
collection was processed. A representative number of these coded documents has
been retained, as well as sample coding sheets and document coding
instructions. The subseries also contains a small folder of Siminoski's
analytical and statistical notes on the documents; a larger number of similar
notes will be found attached to Siminoski's 1986 memoranda to his legal counsel
in Series 2, Subseries 2 (box 15, folders 9-10).

This series comprises the records of Siminoski's request of October
22, 1982, for all FBI documents relating to the surveillance of gays and
lesbians between 1950 and 1982, and of the subsequent lawsuit filed on his
behalf by the ACLU Foundation of Southern California on October 11, 1983. These
records include Siminoski's correspondence with the FBI and with his legal
counsel, the legal filings in the case, litigation correspondence between
Siminoski's counsel and counsel for the FBI, drafts by Siminoski and his
counsel of various legal filings, additional attorney notes and drafts, and
materials created or collected by Siminoski in the course of his lawsuit. The
series is divided into three subseries: 1. Legal Filings, 2. ACLU Files, and 3.
Dan Siminoski files.

Subseries 2.1.
Legal Filings1982-1990

Physical Description: 0.8 linear feet.

Subseries Scope and Content

This subseries contains the legal papers filed and proposed in
Siminoski v. FBI, as well as the correspondence between Siminoski and the FBI,
and between Siminoski's legal counsel, the ACLU Foundation of Southern
California (represented by Joan Howarth, John Heilman, Paul Hoffman, and Jon W.
Davidson), and the FBI and its counsel. The principal records are the complaint
for injunctive relief (October 11, 1983; box 8, folder 9); the plaintiff's
proposed statement of uncontroverted facts and conclusions of law, motion for
summary judgment, and memorandum of points and authorities (June 23, 1986; box
9, folders 2-3); the report and recommendation of the Special Master, Ralph J.
Geffen (November 3, 1988); transcripts of proceedings before Judge William D.
Keller (June 19 and July 20, 1989; box 9, folder 19, and box 10, folder 3); and
Judge Keller's decision (January 16, 1990; box 10, folder 5). While Geffen
found for Siminoski on most points, Judge Keller reversed most of Geffen's
recommendations; after discussion with Siminoski, who for health reasons had
withdrawn from active participation in the case in 1986, the ACLU lawyers did
not appeal Judge Kellers decision. The records also include the motion and
supporting memorandum of points and authorities to disqualify Judge A. Andrew
Hauck, to whom the case had originally been assigned, for anti-homosexual bias
(November 7, 1985; box 8, folders 29-30). The memorandum of points and
authorities of June 23, 1986, is incomplete, lacking exhibit 6 of volume 1, and
all of volumes 2-5; however, the declarations of Robert J. Chester (June 15,
1985; box 8, folder 27) and Philip W. Thomas (October 11, 1985; box 8, folder
28) may be identical to exhibits 8 and 7, respectively, referenced in the index
to volume 2. The litigation correspondence includes a copy of Siminoski's
initial letter to the FBI, dated October 20, 1982, requesting under the FOIA
photocopies of all FBI documents relating to the surveillance of gay and
lesbian groups, as well as letters of transmittal that accompanied the release,
beginning in March 1984, of records by FBI Headquarters and its offices in
various cities; the FBI was still releasing documents under Siminoski's request
in May, 1990. Although Siminoski began receiving copies of FBI documents in the
first quarter of 1984, the lawsuit continued, on the grounds that FBI was not
releasing documents in a timely manner, and that many of the documents released
were improperly redacted. The correspondence between Siminoski's lawyers and
those of the FBI constitute an important supplement to the court papers, as
they provide additional discussion of issues raised in the latter.

Plaintiff's supplemental memorandum in support of
motion for summary judgment re exemption (b)(7)
July 26,
1989

Box 10 : 5

Order re plaintiff's motion for summary
judgment
January 16,
1990

Box 10 : 6

Gay Liberation Frontundated

Box 10 : 7-13

Litigation Correspondence1982-19871990

Box 10 : 7

1982

Box 10 : 8

1983

Box 10 : 9

1984

Box 10 : 10

1985

Box 10 : 11

1986

Box 10 : 12

1987

Box 10 : 13

1990

Subseries 2.2.
ACLU Files1983-2001

Physical Description: 0.5 linear feet.

Subseries Scope and Content

This subseries contains materials from the files of the ACLU
Foundation of Southern California, which represented Siminoski in his lawsuit
against the FBI. The bulk of the documents--Siminoski's memoranda to Joan
Howarth of February-June 1986, his "Searchability memo" of June 1986, and the
three draft memoranda prepared by ACLU lawyers or paralegals (box 15, folders
8-12; box 16, folder 1)--all relate to the plaintiff's proposed statement of
uncontroverted facts and conclusions of law, motion for summary judgment, and
memorandum of points and authorities, dated June 23, 1986 (box 9, folders 1-2).
Siminoski's memoranda are cut-and-paste drafts, with extensive manuscript
analytical and statistical notes derived from the FBI documents attached. The
correspondence folder includes communications between Siminoski and his ACLU
lawyers, in particular Joan Haworth and John Heilman, as well as with the Texas
law firm that represented Siminoski before the ACLU Foundation. The subseries
also includes three folders of attorney notes and drafts, relating to the
recovery of attorneys fees (from the FBI), Judge A. Andrew Hauck and judicial
prejudice, and miscellaneous matters.

Box 15 OS : 8

Siminoski/ACLU correspondence1983-2001

Box 15 OS : 9

Dan Siminoski memoranda to Joan HowarthFebruary-June 1986

Box 15 OS :
10

Dan Siminoski "Searchability memo"June 3,
1986

Memorandum of points and authorities in support of
plaintiff's motion for summary judgment, June 23, 1986
1986

Box 15 OS : 11

Draft A1986

Box 15 OS : 12

Draft B1986

Box 16 OS : 1

Draft C1986

Box 16 OS : 2-4

ACLU attorney notes and drafts1983-1989

Box 16 OS : 2

Recovery of attorneys' fees1983-1989

Box 16 OS : 3

Judge Andrew Hauck and judicial prejudice1986

Box 16 OS : 4

Miscellaneous1983-1989

Subseries 2.3.
Dan Siminoski Files1982-1990

Physical Description: 0.5 linear feet.

Subseries Scope and Content

This subseries consists of materials created or collected by
Siminoski in the course of his lawsuit against the FBI. The correspondence
files document Siminoskis relations with other individuals either seeking, or
who had already obtained, access through the FOIA to FBI surveillance files on
GLBT organizations; his travels and lectures on FBI surveillance of gays and
lesbians; and his move in the summer of 1983 from Texas to Los Angeles, where
his project found a home at Jim Kepners Western Gay Archives at 1654 North
Hudson St. They also include a proposal from an admirer in Harrisburg,
Pennsylvania, for an unrealized television movie on Siminoski's life. The files
contain both original and copy letters, many with Siminoski's handwritten notes
attached; correspondents include Harry Hay, Frank Kameny, and Morris Kight. The
interview notes and followup correspondence document Siminoskis visits to
Washington, DC, in 1982 and 1983, to interview members of the administration,
Congressional staffers, and government experts concerning the FOIA; the latest
notes in the file document a conversation with the assistant to journalist
Randy Shilts, who had also obtained photocopies of many of the same FBI
documents through his own FOIA request, and had published an account of these
records in the San Francisco Chronicle in September 1989. Additional files in
the subseries evidence the intensive media campaign Siminoski launched with the
filing of his lawsuit in October 1983. These files include consultation with a
media consultant, correspondence with the gay media, extensive mailing lists of
gay media organizations and individuals, and a press kit. The subseries also
includes press releases relating to the lawsuit issued by the ACLU Foundation,
and itineraries documenting Siminoskis extensive travels in furtherance of his
project. Siminoski also collected information on leading GLBT organizations,
such as the Gay Rights National Lobby (where he also applied for the position
of executive director), Lambda Legal Defense, and the National Gay Task Force.
The records of the Freedom of Information Project, which Siminoski instituted
in late 1984 with the help of Kepner and his archives (renamed the
International Gay and Lesbian Archives earlier in the year), are of particular
interest, as they include Privacy Act Waiver Forms with the notarized
signatures of many prominent members of the GLBT community in 1984, including
Virginia Apuzzo, Allen Ginsberg, Frank Kameny, and Bruce Voeller.

Box 10 : 14-15 ; 16 OS : 5-6

Correspondence1982-19871991

Box 10 : 14

1982-1987

Box 16 OS : 5

1991

Box 16 OS : 6

Media1983-1984

Box 10 : 15

FBI "obscene" file1986

Box 10 : 16

Freedom of Information Clearing House1986

Box 16 OS : 7

Freedom of Information project1984-1985

Box 10 : 17

Gay Rights National Lobby1983-1984

Box 10 : 18

Lambda Legal Defense1983

Box 10 : 19

National Gay Task Force1983

Box 16 OS : 8

Interview notes and followup correspondence1982-19831989

Box 11 : 1

Itineraries1983-1984

Box 11 : 2

Liberty Hill Foundation grant1987-1988

Box 11 :
3-4

Mailing lists and contact addressescirca
1983-1990

Physical Description: 2 folders.

Box 11 : 5

Media consultants1983

Box 11 : 6

Press kit1983-1984

Box 11 : 7

Press kit materials1983-1984

Box 16 OS : 9

ACLU press releases1983-1984

Box 16 OS : 10

Press clippings19731983-1989

Box 11 : 8

Telephone billsJanuary-February 1984

Series 3.
FOIA and Government Surveillance Reference
Materials
1978-1990

Physical Description: 0.7 linear feet.

Series Scope and Content

This series comprises materials collected by Siminoski relating to
the implementation of the FOIA by federal law enforcement agencies, in
particular the FBI. Publications and papers of the FBI account for almost half
the materials, including photocopies, obtained by news reporter Carl Stern in
1981, of extensive portions of FBI Headquarters file 190-3, relating to the
impact of FOIA and the Privacy Act on law enforcement activities. The materials
also include reports by the General Accounting Office and the Congressional
Research Service, a study by Senator Jim Sasser on Congressional oversight of
the FOIA, and issues of the newsletters FOIA Update and FOIA Alert. The series
also includes a folder of materials relating to the waiving of fees charged for
photocopies of documents obtained under the FOIA; a FOIA files kit, with
step-by-step instructions on how to obtain documents under the FOIA; a small
number of manuscript notes by Siminoski; and a folder of press notices and
other short publications relating to the general topic of government
surveillance.

Carl Stern, Freedom of Information-Privacy Acts (FOIPA)
request for records pertaining to the General Accounting Office (GAO) study to
evaluate the impact of the FOIPA on law enforcement activities. FBI
Headquarters file 190-3
1979-1980

Box 11 : 15

Section 2

Box 11 : 16

Section 3

Box 12 : 1

Section 4

Box 12 : 2

Section 5

Box 12 : 3

Section 6

Box 12 : 4

Section 7

Box 12 : 5

Section 8

Box 12 : 6

Section 9

Box 16 OS : 11

FOIA press clippings and photocopies1980-1984

Box 12 : 7

Center for National Security Studies,
The CIA and the FOIA; a report analyzing CIA proposals to
exempt most agency files from the Freedom of Information Act
1980

[William Webster]
Documented
examples of the adverse effects of the Freedom of Information Act and Privacy
Act on law enforcement
1982

Box 12 : 16

FOIA Alert1983

Box 12 : 17

Outweek FOIA
request
1990

Box 12 : 18

Fund for Open Information and Accountability: FOIA files
kit
no date

Box 12 : 19

Dan Siminoski notes on FOIAcirca 1982

Box 12 : 20

Government surveillance1972-1983

Series 4.
Siminoski Personal and Professional1977-1986

Physical Description: 0.2 linear feet.

Series Scope and Content

This series comprises personal materials and materials created and
acquired by Siminoski in the course of professional activities not directly
connected with his FOIA lawsuit against the FBI. Personal correspondence
includes applications for teaching positions, for positions at the Los Angeles
Gay and Lesbian Community Services Center, and for the Jay Hayes Memorial
Scholarship offered by The Lesbian/Gay Academic Union, as well as
correspondence with both
Frontiers and
The Advocate relating to proposed writing
assignments. A separate file contains Siminoski's correspondence with Alyson
Publications, including a signed contract for his proposed book,
Spies in the Closet: Federal Surveillance of the Gay
Rights Movement, 1950-1982
. Siminoski's writings include two conference
presentations, and the draft of part (the section written by him) of
"Perceptions of the Freedom of Information Act (FOIA) and Proposed Amendments
by the FOIA Administrators," which he co-wrote with J. Norman Baldwin and which
was published in
Government Information Quarterly,
2 (May 1985). The series also includes copies and drafts of Siminoskis column
"Gay Community/Gay Power", later "Gay Politics/Gay Community" (including
correspondence with Stonewall Features, the syndicate for whom the column was
written), as well as copies of his article "Spies in the Closet", published in
three parts in
The News in 1986, and a draft of
Siminoski's cover article on Robert Rosenkrantz, "A Killing in Calabasas,"
published in the November 11, 1986, issue of
The
Advocate
. Additional documents include materials on the 9th National
Conference of the Gay Academic Union (1983); on the Gay Press Association and
Los Angeles Gay and Lesbian Press Association, for whom Siminoski was national
political correspondent in 1984; and on a proposed Voter Education Project
(1984), to be jointly sponsored by the Gay Press Association and by the Jim
Kepner's National Gay Archives, as well as several versions of Siminoski's
academic vita, and a copy of his will.

Rhonda R. Rivera, Review of John D'Emilio,
Sexual politics, sexual communities: the making of a
homosexual minority in the United States, 1940-1970
(1983).
University of Pennsylvania Law Review, vol. 132,
no. 2
1984